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This is a Bill, not an Act. For current law, see the Acts databases.
Heritage Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Heritage Act 1977 and the Environmental Planning and
Assessment Act 1979 with respect to the Heritage Council of New South Wales, State
heritage items and other items of heritage significance; and for other purposes.
Clause 1 Heritage Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Heritage Amendment Act 2009. 3
2 Commencement 4
(1) This Act commences on a day or days to be appointed by proclamation, 5
except as provided by this section. 6
(2) Schedule 1 [18]-[23] and Schedule 2 [7]-[9] are taken to have 7
commenced on 3 November 2008. 8
(3) Schedule 2 [1] and [2] commence on the commencement of section 23G 9
of the Environmental Planning and Assessment Act 1979 to be inserted 10
by Schedule 2.1 [13] to the Environmental Planning and Assessment 11
Amendment Act 2008. 12
(4) Schedule 2 [3] commences on the commencement of section 23H of the 13
Environmental Planning and Assessment Act 1979 to be inserted by 14
Schedule 2.1 [13] to the Environmental Planning and Assessment 15
Amendment Act 2008. 16
Page 2
Heritage Amendment Bill 2009
Amendment of Heritage Act 1977 No 136 Schedule 1
Schedule 1 Amendment of Heritage Act 1977 No 136 1
[1] Section 3 2
Insert after section 2: 3
3 Objects 4
The objects of this Act are as follows: 5
(a) to promote an understanding of the State's heritage, 6
(b) to encourage the conservation of the State's heritage, 7
(c) to provide for the identification and registration of items of 8
State heritage significance, 9
(d) to provide for the interim protection of items of State 10
heritage significance, 11
(e) to encourage the adaptive reuse of items of State heritage 12
significance, 13
(f) to constitute the Heritage Council of New South Wales and 14
confer on it functions relating to the State's heritage, 15
(g) to assist owners with the conservation of items of State 16
heritage significance. 17
[2] Section 4 Definitions 18
Omit "section 8 (2) (a) (i)" from the definition of Chairperson in section 4 (1). 19
Insert instead "section 8 (5)". 20
[3] Section 4 (1), definitions of "Department" and "Director-General" 21
Omit the definitions. Insert in alphabetical order: 22
Director-General means the Director-General of the Department 23
of Planning. 24
[4] Section 4 (1), definition of "Director" 25
Omit the definition. 26
[5] Section 4 (1), definition of "relic" 27
Omit the definition. Insert instead: 28
relic means any deposit, artefact, object or material evidence that: 29
(a) relates to the settlement of the area that comprises New 30
South Wales, not being Aboriginal settlement, and 31
(b) is of State or local heritage significance. 32
Page 3
Heritage Amendment Bill 2009
Schedule 1 Amendment of Heritage Act 1977 No 136
[6] Section 4A Heritage significance 1
Omit section 4A (3). Insert instead: 2
(3) The Heritage Council must notify the Minister of the proposed 3
criteria for the making of decisions as to whether or not an item 4
is of State heritage significance and of any proposed change to 5
the criteria. If the Minister approves the criteria or any proposed 6
change, the Minister is to cause notice of the criteria or any 7
change to be published in the Gazette. 8
(4) The Heritage Council must use only criteria published in the 9
Gazette under this section for the making of decisions as to 10
whether or not an item is of State heritage significance. 11
[7] Section 6 Definitions 12
Omit the section. 13
[8] Section 7 The Council 14
Insert at the end of the section: 15
(2) The Heritage Council is a NSW Government agency. 16
[9] Sections 8 and 9 17
Omit sections 8-20. Insert instead: 18
8 Members of Heritage Council 19
(1) The Heritage Council is to consist of 11 members. Of the 20
members, 8 are to be appointed by the Minister (the appointed 21
members). 22
(2) The other 3 members are to be: 23
(a) the NSW Government Architect, and 24
(b) the Director-General, and 25
(c) the Director-General of the Department of Environment 26
and Climate Change. 27
(3) Six of the appointed members are to be persons who, in the 28
opinion of the Minister, possess qualifications, knowledge and 29
skills relating to any of the following areas: 30
(a) Aboriginal heritage, 31
(b) archaeology, 32
(c) architecture, 33
(d) the building, development and property industries, 34
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Heritage Amendment Bill 2009
Amendment of Heritage Act 1977 No 136 Schedule 1
(e) conservation of the environmental heritage, 1
(f) engineering, 2
(g) New South Wales or Australian history, 3
(h) local government, 4
(i) moveable heritage, 5
(j) natural heritage, 6
(k) planning, 7
(l) property, planning or environmental law, 8
(m) property economics, 9
(n) rural interests, 10
(o) cultural landscapes. 11
(4) One of the other appointed members is to be a person appointed 12
from a panel of 3 persons nominated by the National Trust of 13
Australia (New South Wales). 14
(5) The other appointed member is to be appointed as Chairperson by 15
the member's instrument of appointment or a subsequent 16
instrument executed by the Minister. 17
(6) One member appointed under subsection (3) or (4) is to be 18
appointed as Deputy Chairperson by the member's instrument of 19
appointment or a subsequent instrument executed by the 20
Minister. 21
9 Members and procedure of Heritage Council 22
Schedule 2 contains provisions relating to the members and 23
procedure of the Heritage Council. 24
[10] Section 21 Functions of Heritage Council 25
Omit section 21 (2) (a) (ii). Insert instead: 26
(ii) proposed environmental planning instruments, and 27
[11] Section 23 Annual report 28
Insert at the end of section 23 (2) (a) (vi): 29
, and 30
(a1) particulars of stop work orders made under section 79C, 31
and 32
Page 5
Heritage Amendment Bill 2009
Schedule 1 Amendment of Heritage Act 1977 No 136
[12] Section 23 (4) 1
Omit the subsection. Insert instead: 2
(4) The report of the Heritage Council under this section may be 3
included in the annual report of the Department of Planning. 4
[13] Section 32 Minister can direct listing on State Heritage Register 5
Omit section 32 (1) and (2). Insert instead: 6
(1) The Minister may direct the listing on the State Heritage Register 7
of a place, building, work, relic, moveable object or precinct that 8
the Minister considers is of State heritage significance, but only 9
if the Heritage Council has recommended that the item be listed 10
and the Minister has considered the following: 11
(a) the recommendation of the Heritage Council that the item 12
should be listed, 13
(b) whether the long-term conservation of the item is 14
necessary, 15
(c) whether the listing would render the item incapable of 16
reasonable or economic use, 17
(d) whether the listing would cause undue financial hardship 18
to the owner, mortgagee or lessee of the item or the land on 19
which the item is situated. 20
(2) The Heritage Council may make a recommendation to the 21
Minister that an item be listed on the State Heritage Register at 22
the request of the Minister, on the Heritage Council's own 23
initiative or at the request of the owner of the item concerned or 24
the council of the area in which the item is situated. 25
[14] Section 33 Procedure before recommendation for listing 26
Omit section 33 (1). Insert instead: 27
(1) Before making a recommendation for the listing of an item on the 28
State Heritage Register, the Heritage Council must follow this 29
procedure: 30
(a) the Heritage Council is to give notice that it is going to 31
consider whether or not to recommend the listing of the 32
item concerned (a notice of intention to consider listing): 33
(i) by written notice given to each person that it 34
considers to be an affected owner or occupier 35
(except in the case of the listing of a precinct), or 36
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Heritage Amendment Bill 2009
Amendment of Heritage Act 1977 No 136 Schedule 1
(ii) in the case of the listing of a precinct, by notice 1
published in at least one metropolitan newspaper 2
and one local newspaper circulating in the precinct, 3
and 4
(b) within 14 days after notice of intention to consider listing 5
is given under paragraph (a) (i), the Heritage Council is to 6
cause a notice of intention to consider listing to be 7
published in at least one newspaper circulating in the area 8
in which the item is situated, and 9
(c) a notice of intention to consider listing is to invite 10
submissions on the listing and is to specify a date as the 11
closing date for the receipt of submissions (being a date 12
that is at least 14 days after publication of the newspaper 13
notice) and the manner in which submissions may be 14
made, and 15
(d) the Heritage Council is to consider the submissions that are 16
received before the closing date for receipt of submissions 17
and is to decide within 30 days after that closing date 18
whether or not to recommend the listing, and 19
(e) the Heritage Council is to give notice of its decision in the 20
same manner as it is required to give notice of its intention 21
to consider listing under paragraph (a) and is also to give 22
notice to the council of the area in which the item is 23
situated and to each of the persons who made submissions 24
that were considered, and 25
(f) if the decision of the Heritage Council is to recommend the 26
listing, the Heritage Council is to make that 27
recommendation to the Minister as soon as possible after 28
notice is given of the decision under paragraph (e). 29
[15] Section 33 (2) (d) 30
Omit "without causing undue financial hardship to the owner, mortgagee or 31
lessee". 32
Insert instead "without causing undue financial hardship to the owner, 33
mortgagee or lessee of the item or the land on which the item is situated". 34
[16] Section 33 (3) and (4) 35
Insert after section 33 (2): 36
(3) The Heritage Council must not make a decision to recommend 37
the listing of an item on the State Heritage Register unless it 38
considers that: 39
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Heritage Amendment Bill 2009
Schedule 1 Amendment of Heritage Act 1977 No 136
(a) the item satisfies more than one of the criteria approved as 1
referred to in section 4A for determining whether an item 2
is of State heritage significance, or 3
(b) if it satisfies only one of those criteria, the item is of such 4
particular significance that it should be listed. 5
(4) Without limiting any other matter it may consider in determining 6
whether to make a recommendation, the Heritage Council may 7
consider the following (whether or not any submissions are made 8
under subsection (2)): 9
(a) whether the long-term conservation of the item is 10
necessary, 11
(b) whether the listing would render the item incapable of 12
reasonable or economic use, 13
(c) whether the listing would cause undue financial hardship 14
to the owner, mortgagee or lessee of the item or the land on 15
which the item is situated. 16
[17] Section 34 Action by Minister following recommendation for listing 17
Insert after section 34 (2): 18
(3) The Minister may make a referral or request under this section on 19
the Minister's own motion or after a request by an affected 20
owner, mortgagee, lessee or occupier. 21
[18] Section 36 Planning Assessment Commission 22
Omit "an inquiry held by a Commissioner of Inquiry each of the following is 23
entitled to appear before the Commissioner" from section 36 (1). 24
Insert instead "a review conducted by the Planning Assessment Commission 25
each of the following is entitled to appear before the Commission". 26
[19] Section 36 (1) 27
Insert ", unless otherwise provided by the regulations," after "personally or". 28
[20] Section 36 (1) (e) 29
Omit the paragraph. Insert instead: 30
(e) the Director-General or a nominee of the Director-General, 31
[21] Section 36 (1) (f) 32
Omit "Commissioner of Inquiry". Insert instead "Commission". 33
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Heritage Amendment Bill 2009
Amendment of Heritage Act 1977 No 136 Schedule 1
[22] Section 36 (2) 1
Omit "inquiry, the Commissioner of Inquiry is to provide a report in writing 2
to the Minister containing a summary of the submissions made at the inquiry, 3
the findings of the Commissioner". 4
Insert instead "review, the Planning Assessment Commission is to provide a 5
report in writing to the Minister containing a summary of the submissions 6
made to the review, the findings of the Commission". 7
[23] Section 36 (3) 8
Omit the subsection. 9
[24] Section 37 Action by Heritage Council on Minister's decision 10
Omit section 37 (1) (a). Insert instead: 11
(a) give notice of the Minister's decision in the same manner 12
as it is required under section 33 (1) (a) to give notice of its 13
intention to consider the listing, 14
[25] Section 38 Removal of items from State Heritage Register 15
Omit section 38 (1). Insert instead: 16
(1) The Minister may, after considering the recommendation of the 17
Heritage Council on the matter, direct the removal of a listing 18
from the State Heritage Register: 19
(a) if the Minister is of the opinion that the item is not of State 20
heritage significance, or 21
(b) if the Minister is of the opinion that the long-term 22
conservation of the item is not necessary and that either or 23
both of the following apply to the item: 24
(i) the listing renders the item incapable of reasonable 25
or economic use, 26
(ii) the listing causes undue financial hardship to the 27
owner, mortgagee or lessee of the item or the land 28
on which the item is situated. 29
[26] Section 38 (3) 30
Insert "(other than section 33 (3))" after "sections 33-37". 31
Page 9
Heritage Amendment Bill 2009
Schedule 1 Amendment of Heritage Act 1977 No 136
[27] Section 38A 1
Insert after section 38: 2
38A Conservation management plans for State heritage items 3
(1) The Heritage Council may, for the purposes of this Act, endorse 4
a conservation management plan for an item listed on the State 5
Heritage Register. 6
(2) The regulations may make provision for or with respect to 7
conservation management plans for items listed on the State 8
Heritage Register. 9
(3) In this section: 10
conservation management plan means a document that: 11
(a) identifies the State heritage significance of an item, and 12
(b) sets out policies and strategies for the retention of that 13
significance, and 14
(c) is prepared in accordance with the guidelines for the 15
preparation of conservation management plans (if any) 16
publicly issued from time to time by the Heritage Council. 17
[28] Section 57 Effect of interim heritage orders and listing on State Heritage 18
Register 19
Insert after section 57 (1C): 20
(1D) Subsection (1) does not apply to anything that is exempted from 21
the operation of this Part by a conservation management plan 22
(within the meaning of section 38A) endorsed by the Heritage 23
Council. 24
[29] Section 62 Matters for consideration 25
Insert after section 62 (c): 26
(c1) any applicable conservation management plan (within the 27
meaning of section 38A) endorsed by the Heritage 28
Council, and 29
[30] Section 72 Right of appearance 30
Insert ", unless otherwise provided by the regulations," after "personally or". 31
[31] Section 79 Right of appearance 32
Insert ", unless otherwise provided by the regulations," after "personally or". 33
Page 10
Heritage Amendment Bill 2009
Amendment of Heritage Act 1977 No 136 Schedule 1
[32] Part 4, Division 5 1
Insert after Division 4: 2
Division 5 Stop work orders 3
79C Order restricting harm to heritage items 4
(1) The Minister or the Chairperson may make a stop work order if 5
the Minister or Chairperson is of the opinion that a building, 6
work, relic, moveable object or place the subject of an interim 7
heritage order or listing on the State Heritage Register is being or 8
is about to be harmed. 9
(2) A stop work order is an order that: 10
(a) work being carried out on a building, work, relic, 11
moveable object or place cease, and 12
(b) no work, other than work specified in the order, be carried 13
out on the building, work, relic, moveable object or place 14
within a period of 40 days after the date of the order. 15
(3) A stop work order takes effect on and from the date that a copy 16
of the order is affixed to the building, work, relic, moveable 17
object or place the subject of the order. 18
(4) A person must not, while an order under this section is in force, 19
carry out any work, other than such work as may be specified in 20
that order, with respect to the building, work, relic, moveable 21
object or place the subject of that order. 22
(5) The Minister or Chairperson: 23
(a) may only make a stop work order in relation to work for 24
which approval is required under this Part, and 25
(b) must not make a stop work order in relation to work for 26
which an approval is in force under this Part. 27
(6) More than one stop work order may not be made in relation to the 28
same work. 29
(7) Nothing in this section prevents a person from seeking, or the 30
Court from granting, an order under section 154 in relation to 31
work. 32
(8) A stop work order ceases to have effect if an order is made in 33
relation to the work concerned under section 154 or the work is 34
approved under this Part. 35
Page 11
Heritage Amendment Bill 2009
Schedule 1 Amendment of Heritage Act 1977 No 136
(9) Section 137A applies in respect of a building, work, relic, 1
moveable object or place subject to a stop work order in the same 2
way as it applies to a building, work, relic, moveable object or 3
place subject to an order under section 136 (1). 4
[33] Section 139 Excavation permit required in certain circumstances 5
Omit section 139 (4) (d). Insert instead: 6
(d) any disturbance or excavation of land in respect of which 7
an archaeological assessment approved by the Heritage 8
Council indicates that there is little likelihood of there 9
being any relics in the land. 10
[34] Section 151 Evidence 11
Omit "in the custody of the Heritage Office, under the hand of the Chief 12
Administrative Officer or other prescribed officer of the Heritage Office" from 13
section 151 (2) (b). 14
Insert instead "in the custody of the Department of Planning, under the hand 15
of an officer of that Department". 16
[35] Section 151 (3) 17
Omit "Heritage Office" wherever occurring. 18
Insert instead "Department of Planning". 19
[36] Section 169 Delegation of functions 20
Insert "under this Act" after "functions" in section 169 (1). 21
[37] Section 169 (5)-(12) 22
Omit the subsections. 23
[38] Section 170 Heritage and Conservation Register 24
Omit section 170 (4) (a). Insert instead: 25
(a) which is of a class prescribed by the regulations, and 26
[39] Section 170A Heritage management by government instrumentalities 27
Omit section 170A (4). 28
Page 12
Heritage Amendment Bill 2009
Amendment of Heritage Act 1977 No 136 Schedule 1
[40] Section 170B 1
Insert after section 170A: 2
170B Referral to panel of submissions relating to items of local heritage 3
significance 4
(1) This section applies if a submission is made under Part 3 of the 5
Environmental Planning and Assessment Act 1979 objecting to 6
the identification of an item as an item of heritage significance 7
(however described) in a proposed local environmental plan. 8
(2) A council that is the relevant planning authority under that Act 9
for the proposed local environmental plan may (but need not) 10
refer the submission, or any matter related to the submission, to a 11
panel constituted by the council under section 23I of that Act for 12
assessment by the panel under that Act. 13
(3) Nothing in this section affects the operation of Part 3 of the 14
Environmental Planning and Assessment Act 1979 with respect 15
to issues raised in a submission or limits any matter that may be 16
referred to a panel under that Act by a council. 17
[41] Schedule 1 Savings and transitional provisions 18
Insert at the end of clause 1 (1): 19
Heritage Amendment Act 2009 20
[42] Schedule 1 21
Insert at the end of the Schedule with appropriate Part and clause numbering: 22
Part Provisions consequent on enactment of 23
Heritage Amendment Act 2009 24
Definition 25
In this Part, 2009 amending Act means the Heritage Amendment 26
Act 2009. 27
Determination of heritage significance 28
(1) The criteria notified in the Gazette under section 4A (3), as in 29
force before its substitution by the 2009 amending Act, are taken 30
to be criteria approved by the Minister and published in the 31
Gazette under section 4A (3) as substituted by the 2009 amending 32
Act. 33
Page 13
Heritage Amendment Bill 2009
Schedule 1 Amendment of Heritage Act 1977 No 136
(2) The Minister may, by notice published in the Gazette, revoke 1
approval of any criteria taken to be approved and published under 2
subclause (1). 3
Heritage Council 4
(1) In this clause: 5
existing appointed member means a member appointed under 6
section 8 (2) (a) (ii) or (b), and holding office as such a member, 7
immediately before the substitution of section 8 by the 2009 8
amending Act. 9
(2) A person who held office as a member (other than an existing 10
appointed member) of the Heritage Council immediately before 11
the substitution of section 8 by the 2009 amending Act ceases to 12
hold office on that substitution and is not entitled to any 13
remuneration or compensation for loss of office. 14
(3) Subject to clause 6 of Schedule 2, an existing appointed member 15
continues in office as a member of the Heritage Council after that 16
substitution for the remainder of the term of the person's 17
appointment (as specified in the member's instrument of 18
appointment under section 8 as in force before that substitution). 19
Any such member, if eligible for reappointment, may be 20
reappointed. 21
(4) The Heritage Council, as constituted immediately after the 22
substitution of section 8 by the 2009 amending Act, is a 23
continuation of, and the same legal entity as, the Heritage 24
Council as constituted immediately before that substitution. 25
Recommendations relating to State heritage listing 26
(1) Section 32, as in force before its amendment by the 2009 27
amending Act, applies to the listing of an item for which a 28
recommendation was made by the Heritage Council, but not 29
determined by the Minister, before that amendment. 30
(2) Section 38, as in force before its amendment by the 2009 31
amending Act, applies to the removal of an item for which a 32
recommendation was made by the Heritage Council, but not 33
determined by the Minister, before that amendment. 34
Heritage and Conservation Registers of government 35
instrumentalities 36
(1) Section 170 (4), as in force before its amendment by the 2009 37
amending Act, continues to apply in respect of a government 38
instrumentality if the instrumentality had furnished a copy of its 39
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Heritage Amendment Bill 2009
Amendment of Heritage Act 1977 No 136 Schedule 1
Heritage and Conservation Register to the Heritage Council 1
before that amendment. 2
(2) This clause ceases to apply to a government instrumentality when 3
the instrumentality amends its Heritage and Conservation 4
Register in accordance with section 170 (4), as amended by the 5
2009 amending Act. 6
[43] Schedule 2 7
Insert after Schedule 1: 8
Schedule 2 Members and procedure of Heritage 9
Council 10
(Section 9) 11
Part 1 General 12
1 Definitions 13
In this Schedule: 14
appointed member means a member appointed by the Minister 15
under section 8 (1). 16
Chairperson means the Chairperson of the Heritage Council. 17
Deputy Chairperson means the Deputy Chairperson of the 18
Heritage Council. 19
member means any member of the Heritage Council. 20
Part 2 Constitution 21
2 Terms of office of members 22
Subject to this Schedule and the regulations, an appointed 23
member holds office for such period (not exceeding 3 years) as is 24
specified in the member's instrument of appointment, but is 25
eligible (if otherwise qualified) for re-appointment. 26
3 Part-time appointments 27
Appointed members hold office as part-time members. 28
4 Remuneration 29
An appointed member is entitled to be paid such remuneration 30
(including travelling and subsistence allowances) as the Minister 31
may from time to time determine in respect of the member. 32
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Heritage Amendment Bill 2009
Schedule 1 Amendment of Heritage Act 1977 No 136
5 Deputies 1
(1) The Minister may, from time to time, appoint a person to be the 2
deputy of an appointed member, and may revoke any such 3
appointment. 4
(2) A member (other than an appointed member) may, from time to 5
time, appoint a person to be the deputy of the member, and may 6
revoke any such appointment. 7
(3) In the absence of a member, the member's deputy may, if 8
available, act in the place of the member. 9
(4) While acting in the place of a member, a person has all the 10
functions of the member and is taken to be a member. 11
(5) For the purposes of this clause, a vacancy in the office of a 12
member is taken to be an absence of the member. 13
(6) This clause does not operate to confer on the deputy of a member 14
who is the Chairperson or Deputy Chairperson the member's 15
functions as Chairperson or Deputy Chairperson. 16
6 Vacancy in office of appointed member 17
(1) The office of an appointed member becomes vacant if the 18
member: 19
(a) dies, or 20
(b) completes a term of office and is not re-appointed, or 21
(c) resigns the office by instrument in writing addressed to the 22
Minister, or 23
(d) is removed from office by the Minister under this clause, 24
or 25
(e) is absent from 3 consecutive meetings of the Heritage 26
Council of which reasonable notice has been given to the 27
member personally or by post, except on leave granted by 28
the Council or unless the member is excused by the 29
Council for having been absent from those meetings, or 30
(f) becomes bankrupt, applies to take the benefit of any law 31
for the relief of bankrupt or insolvent debtors, compounds 32
with his or her creditors or makes an assignment of his or 33
her remuneration for their benefit, or 34
(g) becomes a mentally incapacitated person, or 35
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Heritage Amendment Bill 2009
Amendment of Heritage Act 1977 No 136 Schedule 1
(h) is convicted in New South Wales of an offence that is 1
punishable by imprisonment for 12 months or more or is 2
convicted elsewhere than in New South Wales of an 3
offence that, if committed in New South Wales, would be 4
an offence so punishable. 5
(2) The Minister may remove an appointed member from office at 6
any time. 7
7 Filling of vacancy in office of appointed member 8
If the office of an appointed member becomes vacant, a person is, 9
subject to this Act and the regulations, to be appointed to fill the 10
vacancy. 11
8 Chairperson and Deputy Chairperson 12
(1) The Chairperson or Deputy Chairperson vacates office as 13
Chairperson or Deputy Chairperson if he or she: 14
(a) is removed from that office by the Minister under this 15
clause, or 16
(b) resigns that office by instrument in writing addressed to 17
the Minister, or 18
(c) ceases to be a member of the Heritage Council. 19
(2) The Minister may at any time remove the Chairperson or Deputy 20
Chairperson from office as Chairperson or Deputy Chairperson. 21
9 Disclosure of pecuniary interests 22
(1) If: 23
(a) a member has a direct or indirect pecuniary interest in a 24
matter being considered or about to be considered at a 25
meeting of the Heritage Council, and 26
(b) the interest appears to raise a conflict with the proper 27
performance of the member's duties in relation to the 28
consideration of the matter, 29
the member must, as soon as possible after the relevant facts have 30
come to the member's knowledge, disclose the nature of the 31
interest at a meeting of the Heritage Council. 32
(2) A disclosure by a member at a meeting of the Heritage Council 33
that the member: 34
(a) is a member, or is in the employment, of a specified 35
company or other body, or 36
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Heritage Amendment Bill 2009
Schedule 1 Amendment of Heritage Act 1977 No 136
(b) is a partner, or is in the employment, of a specified person, 1
or 2
(c) has some other specified interest relating to a specified 3
company or other body or to a specified person, 4
is a sufficient disclosure of the nature of the interest in any matter 5
relating to that company or other body or to that person which 6
may arise after the date of the disclosure and which is required to 7
be disclosed under subclause (1). 8
(3) Particulars of any disclosure made under this clause must be 9
recorded by the Heritage Council in a book kept for the purpose 10
and that book must be open at all reasonable hours to inspection 11
by any person on payment of the fee determined by the Heritage 12
Council. 13
(4) After a member has disclosed the nature of an interest in any 14
matter, the member must not, unless the Minister or the Heritage 15
Council otherwise determines: 16
(a) be present during any deliberation of the Heritage Council 17
with respect to the matter, or 18
(b) take part in any decision of the Heritage Council with 19
respect to the matter. 20
(5) For the purposes of the making of a determination by the Heritage 21
Council under subclause (4), a member who has a direct or 22
indirect pecuniary interest in a matter to which the disclosure 23
relates must not: 24
(a) be present during any deliberation of the Heritage Council 25
for the purpose of making the determination, or 26
(b) take part in the making by the Heritage Council of the 27
determination. 28
(6) A contravention of this clause does not invalidate any decision of 29
the Heritage Council. 30
(7) This clause applies to a member of a committee of the Heritage 31
Council and the committee in the same way as it applies to a 32
member of the Heritage Council and the Heritage Council. 33
10 Effect of certain other Acts 34
(1) Chapter 2 of the Public Sector Employment and Management Act 35
2002 does not apply to or in respect of the appointment of an 36
appointed member. 37
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Heritage Amendment Bill 2009
Amendment of Heritage Act 1977 No 136 Schedule 1
(2) If by or under any Act provision is made: 1
(a) requiring a person who is the holder of a specified office to 2
devote the whole of his or her time to the duties of that 3
office, or 4
(b) prohibiting the person from engaging in employment 5
outside the duties of that office, 6
the provision does not operate to disqualify the person from 7
holding that office and also the office of an appointed member or 8
from accepting and retaining any remuneration payable to the 9
person under this Act as a member. 10
Part 3 Procedure 11
11 General procedure 12
The procedure for the calling of meetings of the Heritage Council 13
and for the conduct of business at those meetings is, subject to 14
this Act and the regulations, to be as determined by the Heritage 15
Council. 16
12 Quorum 17
The quorum for a meeting of the Heritage Council is a majority 18
of its members for the time being. 19
13 Presiding member 20
(1) The Chairperson (or, in the absence of the Chairperson, the 21
Deputy Chairperson, or in the absence of both the Chairperson 22
and the Deputy Chairperson, a person elected by the members of 23
the Heritage Council who are present at a meeting of the Heritage 24
Council) is to preside at a meeting of the Heritage Council. 25
(2) The presiding member has a deliberative vote and, in the event of 26
an equality of votes, has a second or casting vote. 27
14 Voting 28
A decision supported by a majority of the votes cast at a meeting 29
of the Heritage Council at which a quorum is present is the 30
decision of the Heritage Council. 31
15 Transaction of business outside meetings or by telephone or other 32
means 33
(1) The Heritage Council may, if it thinks fit, transact any of its 34
business by the circulation of papers among all the members of 35
the Heritage Council for the time being, and a resolution in 36
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Heritage Amendment Bill 2009
Schedule 1 Amendment of Heritage Act 1977 No 136
writing approved in writing by a majority of those members is 1
taken to be a decision of the Heritage Council. 2
(2) The Heritage Council may, if it thinks fit, transact any of its 3
business at a meeting at which members (or some members) 4
participate by telephone, closed-circuit television or other means, 5
but only if any member who speaks on a matter before the 6
meeting can be heard by the other members. 7
(3) For the purposes of: 8
(a) the approval of a resolution under subclause (1), or 9
(b) a meeting held in accordance with subclause (2), 10
the Chairperson and each member have the same voting rights as 11
they have at an ordinary meeting of the Heritage Council. 12
(4) A resolution approved under subclause (1) is, subject to the 13
regulations, to be recorded in the minutes of the meetings of the 14
Heritage Council. 15
(5) Papers may be circulated among the members for the purposes of 16
subclause (1) by facsimile or other transmission of the 17
information in the papers concerned. 18
16 First meeting 19
The Minister may call the first meeting of the Heritage Council 20
in such manner as the Minister thinks fit. 21
17 Minutes of meetings 22
(1) The Heritage Council must cause minutes of meetings and 23
decisions at each meeting of the Heritage Council to be kept and 24
must furnish the Minister with a copy of those minutes as soon as 25
practicable after each meeting. 26
(2) A copy of the minutes furnished to the Minister must be made 27
available by the Heritage Council for public inspection without 28
charge at the office of the Heritage Council during ordinary 29
office hours. 30
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Heritage Amendment Bill 2009
Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 2
Schedule 2 Amendment of Environmental Planning 1
and Assessment Act 1979 No 203 2
[1] Section 23G Joint regional planning panels 3
Insert "any of a council's" before "functions" in section 23G (2) (a). 4
[2] Section 23G (5A)-(5C) 5
Insert after section 23G (5): 6
(5A) Subject to the regulations, a regional panel is, in the exercise of 7
functions conferred under subsection (2) (a), taken to be the 8
council whose functions are conferred on a regional panel as 9
referred to in subsection (2) (a). 10
(5B) A regional panel is to exercise functions conferred as referred to 11
in subsection (2) (a) to the exclusion of the applicable council 12
(subject to any delegation under this Act). 13
(5C) Subsections (5A) and (5B) apply to the Commission in its 14
exercise of the functions of a regional panel under an 15
environmental planning instrument that are conferred on the 16
Commission under section 23D (1) (d) in the same way as they 17
apply to a regional panel in the exercise of functions conferred as 18
referred to in subsection (2) (a). 19
[3] Section 23H Regulations 20
Omit section 23H (a). Insert instead: 21
(a) the functions conferred by this Act on a regional panel 22
including its procedures in exercising its functions, and 23
procedures in relation to its determination of development 24
applications and applications to modify development 25
consents, 26
[4] Section 90 Application of this Division 27
Insert ", other than development that requires a heritage approval" after 28
"Division 4)" in section 90 (2) (as amended by Schedule 2.2 [33] to the 29
Environmental Planning and Assessment Amendment Act 2008). 30
[5] Section 90A Definitions 31
Insert in alphabetical order: 32
heritage approval means an approval in respect of the doing or 33
carrying out of an act, matter or thing referred to in section 57 (1) 34
of the Heritage Act 1977. 35
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Heritage Amendment Bill 2009
Schedule 2 Amendment of Environmental Planning and Assessment Act 1979 No 203
[6] Section 92 1
Insert after section 91A: 2
92 Consent authority may not refuse certain development 3
applications 4
(1) This section applies to the determination by a consent authority 5
of a development application for development that is integrated 6
development for which a heritage approval is required. 7
(2) A consent authority must not refuse development consent on 8
heritage grounds if the same development is the subject of a 9
heritage approval. 10
[7] Section 118 Appointment of planning administrator, planning 11
assessment panel or regional panel 12
Insert at the end of section 118 (3) (b): 13
, or 14
(c) in relation to the preparation, making and approval of 15
development control plans. 16
[8] Section 118 (3) (d) 17
Insert at the end of section 118 (3) (c) (as inserted by item [7]): 18
, or 19
(d) in relation to the preparation and approval of contributions 20
plans. 21
[9] Section 158 Exclusion of personal liability 22
Insert after section 158 (d): 23
(d1) any committee referred to in section 22, or any member of 24
such a committee, or 25
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